the government indicted Don Blankenship, the former CEO of Massey Energy, for conspiracy to violate the Mine Safety and Health Act at Massey’s Upper Big Branch mine, where 29 miners died in an explosion in April 2010; conspiracy to defraud the United States by concealing mine-safety violations at
A couple of years ago, I posted about
the lawsuit filed by BankAtlantic and its holding company against Richard Bove, and his employer, Ladenburg Thalmann & Co., Inc. The lawsuit was based on Bove’s report entitled "Who Is Next?", which ranked 107 bank companies from riskiest to least risky, using two financial
Last month I wrote about litigation initiated by Wal-Mart against several insurance companies regarding
“dead peasant,” or corporate-owned, life insurance policies purchased by Wal-Mart on 350,000 of its employees.
But a story in Tuesday’s Insurance Law 360 (subscription required) alerted me to a recent decision
Last month, I wrote about
Mylan’s lawsuit against the Pittsburgh Post-Gazette and two of its reporters for misappropriation of trade secrets, conversion, and other claims, based on articles that have not been favorable to Mylan. Based on PG’s response to the lawsuit, Mylan
On January 29, 2009, former
Motorola CFO Paul Liska gave a presentation to the audit committee of its board of directors, in which he addressed the poor performance of the Mobile Division and express concerns about the accuracy of predictions of its future performance.
To the right is a picture of the north entrance of
The Greenbrier, which bills itself as "America’s Resort." But after some surprising developments last week, it may be known soon as Jim Justice’s resort.
CSX has owned The Greenbrier since 1910, when the
On Thursday, I had the pleasure of attending a lecture by
H. Rodgin Cohen, chairman of Sullivan & Cromwell LLP, as part of the University of Charleston Speakers Series. Cohen, a native of Charleston, is regarded as one of the, if not the, best banking and financial institutions lawyer
I have been wanting to address the issue of conflicts in representation, and the post yesterday by Kevin LaCroix, who writes
The D&O Diary, entitled " A Case of Divided Loyalties" provides me with that opportunity. On the surface, the issue is straightforward: the possibility that a conflict of interest could develop
The Supreme Court of Appeals of West Virginia issued a decision on June 13 dealing with dissenting shareholders’ rights, an aspect of corporate law that the Court does not often address.
Dodd v. Potomac Riverside Farm, Inc., 2008 WL 2390159 (June 13, 2008), the Court, in a
Sometimes even the most efficient, sophisticated corporation makes a basic mistake, as illustrated by
“Candid Camera: Trove of Videos Vexes Wal-Mart”, a story in The Wall Street Journal earlier this month.
From the 1970s until 2006, Wal-Mart employed Flagler Productions Inc. to help produce and film
The panel appointed by West Virginia University Provost Gerald Lang to investigate the circumstances surrounding Mylan COO Heather Bresch’s MBA has concluded unanimously that Bresch did not earn her degree and that actions taken by WVU administrators to determine whether she had done so and then to modify her transcript
Some Dairy Queen franchise owners, including those in West Virginia, have filed suit against International Dairy Queen, Inc. as a result of its alleged effort to force them to make changes to their restaurants and their operations. (I will resist the temptation, as
Associated Press reporter Tim Huber did
A story on the front-page of yesterday’s Wall Street Journal focuses attention on an important legal issue, but one that I suspect a lot of people may not appreciate: a health plan’s right of subrogation. The article, entitled
"Accident Victims Face Grab for Legal Winnings" discusses an employer health
An article in the November issue of Litigation News, published by the American Bar Association Section of Litigation, caught my eye, for obvious reasons. The article, written by Ruth E. Piller and entitled “
Bigger Isn’t Always Better When It Comes to Outside Counsel,” reports that increasingly, corporate clients are
Wal-Mart is known for its willingness to use its buying power and market share as leverage when it negotiates. And now apparently, Wal-Mart is extending its approach to its relationships with outside counsel.
As reported in The Wall Street Journal Law Blog today,
A reference to West Virginia in connection with today’s recall of Mattel toys got my attention. By way of background, the
U.S. Consumer Product Safety Commission today ordered the recall of more than 20 million toys manufactured by Mattel, Inc. because of concerns about the amount of lead and
Just last year, Third Point LLC, a New York-based hedge fund, won two seats on Massey Energy Company’s board of directors in a heated proxy battle. But last week, Daniel Loeb, the fund’s CEO, and Todd Swanson, its analyst,
resigned from the board, based on their disagreement with the
In 2004, the Daily Gazette Company, publisher of the Charleston Gazette (the morning newspaper), purchased the Daily Mail (the afternoon newspaper), from MediaNews Group, Inc. Yesterday,
the United States Department of Justice filed an antitrust lawsuit against the Daily Gazette Company and MediaNews Group, Inc., seeking to overturn the
Chesapeake Energy Corporation created a stir last month when its support of a campaign to promote the use of natural gas over coal in Texas became public. There’s nothing surprising about Chesapeake’s interest in promoting natural gas; it’s the third